High CourtsSingle Bench

Ravi Tamang vs State Of Sikkim & Ors.

Sikkim High Court · Decided on 13 March 2025 · Citation: (2025) 03 SIK CK 0715

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Writ Petition (C) No. 60 Of 2022
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Judgment

8 paragraphs · 364 words

Bhaskar Raj Pradhan, J

1.

On 12.09.2024 I.A. No. 02 of 2024 for amendment of the cause title and memo of parties filed by the petitioner was allowed. Accordingly, the necessary steps were directed to be taken to amend the cause title and memo of parties.

2.

Pursuant thereto on 21.09.2024 the petitioner filed an amended writ petition instead. According to the learned Senior Counsel for the petitioner however, the only amendment made in the entire amended writ petition is on page 4-where the details of the Department of Union of India (i.e the respondent no.8) has changed from the Ministry of Law & Justice to the Ministry of Social Justice and Empowerment along with the corresponding address.

3.

The learned Senior Counsel submits that they have served a copy of the amended writ petition to the respondents. The learned counsel for the respondents upon scrutiny submits that the only amendment made in the amended writ petition filed on 21.09.2024 is as stated by the learned Senior Counsel for the petitioner and as permitted by the Court. It is suggested that merely replacing the relevant page may not be sufficient, as most of the filings have been done through the e-filing mode and are also uploaded in the CIS.

4.

In view of the submissions made, the amended writ petition filed on 21.09.2024 is taken on record. Since the only amendment made in the amended writ petition dated 21.09.2024 pertains to the change in respect of the Department of respondent no.8, the counter affidavit filed by respondent nos. 1 to 7 earlier requires no amendment. The learned counsel appearing for the respondents submit that they would rely on their counter affidavits filed earlier.

5.

The rejoinder filed by the petitioner to the counter affidavits filed by the respondents also requires no change. The learned Senior Counsel representing petitioner desires to rely upon the rejoinder filed earlier.

6.

The learned counsel representing respondent no.8 submits that although the counter affidavit has been prepared, it is yet to be signed and therefore, she requires further two weeks time. Time sought is granted.

7.

List the matter on 15.04.2025 to await the counter affidavit of respondent no.8.